HomeMy Public PortalAbout01266 O R D I N A N C E NO. 1266
AN ORDINANCE, levying special benefit assessments
against all of the land benefited by the construction of sewers
within the boundaries of Subdistrict No. 50 (Reavis and Vira) of
The Metropolitan St. Louis Sewer District; directing issuance of
Special Tax bills evidencing said levy; setting out the form,
terms, and provisions of said Special Tax Bills; with an emergency
clause.
WHEREAS, The Metropolitan St. Louis Sewer District was
created pursuant to a plan adopted by the voters of the City of
St. Louis and of St. Louis County, Missouri, at a special election
held on Tuesday, the 9th day of February, 1954, all as provided
and authorized by Sections 30(a) and 30 (b) of Article VI of the
Constitution of the State of Missouri; and
WHEREAS, thereafter, proceeding under the authority of
the aforesaid Plan, the Board of Trustees of The Metropolitan St.
Louis Sewer District, pursuant to proceedings duly and lawfully
had in accordance with the provisions of said Plan, did proceed as
follows, to wit:
(1) By Ordinance No. 802, adopted on the 30th day of
July, 1962 not less than three weeks after a public hearing
thereon held at 8:00 o'clock p.m. on the 3rd day of July, 1962 at
the Clark School, 430 West Big Bend Blvd., Webster Groves, St.
Louis County, Missouri, pursuant to notice thereof published in
the St. Louis Globe-Democrat on the 6th day of June, 1962, at
which public hearing all persons interested were given an
opportunity to be heard, did establish and prescribe the bound-
aries of a subdistrict designated Subdistrict No. 50 (Reavis and
Vira) of The Metropolitan St. Louis Sewer District and by
Ordinance No. 1193, adopted on the 6th day of August, 1964, did
amend Section Two of said Ordinance No. 802 and did thereby revise
said boundaries; and
(2) By Resolution No. 587, adopted on the 8th day of
November, 1962, did declare the necessity of an improvement
consisting of the construction of lateral sanitary sewers in an
area designated Subdistrict No. 50 (Reavis and Vira) of The
Metropolitan St. Louis Sewer District, and did provide that the
entire cost of such improvement shall be paid for by special tax
bills or other evidence of special benefit assessments levied on
all land benefited by such construction, whether public or
private, exclusive of streets, roads and alleys within such
Subdistrict No. 50; and
(3) Did cause to be duly called and held a public
hearing at the Clark School, 430 West Big Bend Blvd., Webster
Groves, St. Louis County, Missouri, at the hour of 8:00 o'clock
p.m. on the 27th day of November, 1962, at which public hearing
all persons interested in such improvement were given an oppor-
tunity to be heard; and
(4) By Resolution No. 598, adopted on the 20th day of
December, 1962, did determine that it is in the public interest
that such improvement be made, and did direct that The Metropoli-
tan St. Louis Sewer District proceed with the said improvement
according to the provisions of said Resolution No. 587; and
Ord. No. 1266
pursuant to said direction, plans and specifications for the
improvement were prepared and the Board of Trustees did approve
the same on the 2nd day of April, 1964, and proper notice to
contractors for bids was published in the St. Louis Globe-Democrat
on the 10th, 17th, and 24th days of August, 1964; and
(5) By Ordinance No. 1210 adopted on the 10th day of
September, 1964, did confirm a contract with Fred M. Luth & Sons,
Inc., as the lowest responsible bidder, pursuant to bids for
construction of such improvement received and opened on the 1st
day of September, 1964, which contract was formally executed by
the Contractor and by the Executive Director and the Secretary-
Treasurer on behalf of The Metropolitan St.Louis Sewer District,
on the 4th day of September, 1964; and
WHEREAS, the construction of said improvement is
hereby accepted upon the Executive Director's determination that
said improvement has been completed satisfactorily by the
contractor and that the entire cost thereof amounts to Thirty-
eight Thousand Sixty-one and 08/100 Dollars ($38,061.08), which
sum is the total of the following three components, to wit:
(1) An advancement from the funds of The Metropolitan
St. Louis Sewer District to cover the expense of engineering,
inspection, preparation of plans and contracts, and other costs of
supervision, in the sum of Nine Thousand Thirty-nine and 73/100
Dollars ($9,039.73), which sum is property recoverable from the
contractor, and
Ord. No. 1266
(2) Contract items in the sum of Twenty-five Thousand
Eight Hundred Twenty-four and 63/100 Dollars ($25,824.63), and
(3) Extra work properly chargeable under the contract
in the sum of Three Thousand One Hundred Ninety-six and 72/100
Dollars ($3,196.72);
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. Special benefit assessments in the sum of
Thirty-eight Thousand Sixty-one and 08/100 Dollars ($38,061.08)
are hereby levied on all land whether public or private but
exclusive of streets, roads and alleys, in Subdistrict No. 50
(Reavis and Vira) of The Metropolitan St. Louis Sewer District, as
bounded in said Ordinance No. 802, as amended by said Ordinance
No. 1193. Said levy is for the entire cost of construction of
said improvement to serve said benefited area and said sum shall
be levied ratably by area upon the lots or parcels of ground
within said benefited area, whether public or private, in the
proportion that the area each such lot or parcel of ground bears
to the said entire benefited area, exclusive of streets, roads and
alleys.
Section Two. There are hereby authorized and ordered
to be prepared, issued, registered, recorded and delivered to the
aforesaid contractor, as soon as practicable after the Executive
Director shall have determined that said contractor has fully
performed under said contract, Special Tax Bills evidencing the
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levy of the special benefit assessments provided in Section One
hereof. Said bills shall be prepared on the standard Special Tax
Bill form of The Metropolitan St. Louis Sewer District as provided
by Ordinance No. 97 adopted September 4, 1956, and amended by
Ordinance No. 849 effective November 14, 1962, and said Bills
shall mature at the times and shall bear the rate of interest
prescribed by said Ordinance No. 97.
Section Three. The Director of Finance and the
Secretary-Treasurer are hereby authorized and directed to cause
the Special Tax Bills herein described to be prepared and to
execute and attest the same in accordance with said Ordinance No.
97 as amended; to cause the same to be registered in the offices
of the Director of Finance and of the Secretary-Treasurer; to
cause the same to be recorded in the office of the Recorder of
Deeds of St. Louis County, Missouri; and thereupon to deliver the
said Special Tax Bills to the said contractor, PROVIDED, however,
that concurrently with delivery and prior to completion thereof,
said contractor shall pay to The Metropolitan St. Louis Sewer
District the aforesaid sum of Nine Thousand Thirty-nine and 73/100
Dollars ($9,039.73) heretofore advanced from the funds of The
Metropolitan St. Louis Sewer District as a charge against the said
Subdistrict No. 50 (Reavis and Vira).
Section Four. The completion and acceptance of the said
improvement and the immediate need for the issuance and delivery
of said Special Tax Bills in payment thereof create an emergency
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within the meaning of the Plan and this Ordinance shall be in full
force and effect from and after its passage.
The foregoing Ordinance was adopted January 20, 1965.